All,
Please see below an amendment to the Domain Tasting motion that the RC
would like to propose on the call.
Thanks.
Adrian Kinderis
Managing Director
AusRegistry Group Pty Ltd
Level 8, 10 Queens Road
Melbourne. Victoria Australia. 3004
Ph: +61 3 9866 3710
Fax: +61 3 9866 1970
Email: adrian@xxxxxxxxxxxxxxx
Web: www.ausregistrygroup.com
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Whereas, the GNSO Council has discussed the Issues Report on Domain
Tasting and the Final Outcomes Report of the ad hoc group on Domain
Tasting;
Whereas, the GNSO Council resolved on 31 October 2007 to launch a PDP on
Domain Tasting;
Whereas, the GNSO Council resolved on 31 October 2007 to encourage staff
to apply ICANN's fee collections to names registered and subsequently
deregistered during the add-grace period;
Whereas, the Board resolved on 23 January 2008 to encourage ICANN's
budgetary process to include fees for all domains added, including
domains added during the AGP;
Whereas, the GNSO Council authorized on 17 January 2008 the formation of
a small design team to develop a plan for the deliberations on the
Domain Tasting PDP (the "Design Team"), the principal volunteers to
which had been members of the Ad Hoc Group on Domain Tasting and were
well-informed of both the Final Outcomes Report of the Ad Hoc Group on
Domain Tasting and the GNSO Initial Report on Domain Tasting
(collectively with the Issues Report, the "Reports on Domain Tasting");
Whereas, the GNSO Council has received the Draft Final Report on Domain
Tasting;
Whereas, PIR, the .org registry operator, has amended its Registry
Agreement to charge an Excess Deletion Fee; and both NeuStar, the .biz
registry operator, and Afilias, the .info registry operator, are seeking
amendments to their respective Registry Agreements to modify the
existing AGP;
The GNSO Council recommends to the ICANN Board of Directors that:
1. The Staff continue the budgetary process towards approval with the
inclusion of fees for all domains added, including domains added during
AGP as directed in the Board resolution of 23 January 2008;
2. An allowance for a reasonable number of deletes as quantified in
4.a.i below be included against which the fees would not apply;
3. Upon approval of the budget including said fees and reasonable
allowance, the deletes activity within the AGP shall be monitored by the
GNSO.
Specifically:
a. ICANN Staff shall analyze and report to the GNSO within three
months
as to how effectively and to what extent the fees have reduced AGP
delete activity;
b. Whether or not further policy work should be considered by the
GNSO
as a result of the experiences gained during the monitoring stage.
4. Upon conclusion of the monitoring stage, if Staff reports and the
GNSO confirms that the fees have not been sufficiently effective in
reducing AGP delete activity, the Staff will immediately begin
implementation of the following recommendation as Consensus Policy;
a. The applicability of the Add Grace Period shall be restricted for
any
gTLD which has implemented an AGP ("Applicable gTLD Operator").
Specifically, for each Applicable gTLD Operator:
i. During any given month, an Applicable gTLD Operator may not
offer any refund to a registrar for any domain names deleted
during
the AGP that exceed (i) 10% of that registrar's net new
registrations
in that month (defined as total new registrations less domains
deleted
during AGP), or (ii) fifty (50) domain names, whichever is
greater.
ii. A Registrar may seek an exemption from the application of such
restriction in a specific month, upon the documented showing of
extraordinary circumstances. For any Registrar requesting such an
exemption, the Registrar must confirm in writing to the Registry
Operator how, at the time the names were deleted, these
extraordinary circumstances were not known, reasonably could not
have been known, and were outside of the Registrar's control.
Acceptance of any exemption will be at the sole reasonable
discretion of the Registry Operator, however "extraordinary
circumstances" which reoccur regularly will not be deemed
extraordinary.
iii. In addition to all other reporting requirements to ICANN,
each
Applicable gTLD Operator shall identify each Registrar that has
sought an exemption, along with a brief descriptive identification
of
the type of extraordinary circumstance and the action (if any)
that
was taken by the Applicable gTLD Operator.
b. Implementation and execution of these recommendations shall be
monitored by the GNSO. Specifically;
i. ICANN Staff shall analyze and report to the GNSO at six month
intervals for two years after implementation, until such time as
the
GNSO resolves otherwise, with the goal of determining;
1. How effectively and to what extent the policies have been
implemented and followed by Registries and Registrars, and
2. Whether or not modifications to these policies should be
considered by the GNSO as a result of the experiences
gained during the implementation and monitoring stages,
ii. The purpose of these monitoring and reporting requirements are
to allow the GNSO to determine when, if ever, these
recommendations and any ensuing policy require additional
clarification or attention based on the results of the reports
prepared
by ICANN Staff.